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Can I legally fill out a living will and power of attorney so my husband has no say so in the event something should happen .

Cleveland, OH |

I am not legally separated or divorced. I have not been with him since 2005 and I do not want my husband to have any say so if something should unexpectedly happen to me. I want my daughters to have say so if something should happen to me, and I do not want him to have what little I have as far as personal belongings.

Attorney Answers 2


  1. Yes, you may designate anyone you choose (a) to be contacted under your Living Will, or (b) to serve as an Agent under a Durable Power of Attorney for Health Care. There are some blank lines on the standard POA form that you could use to make an affirmative statement that you are legally married but estranged from your husband and do not want him to have anything to do with your medical decision-making. You should not do this, however, without an knowledgeable attorney's help.

    There are other issues as well: If you are working or have any sort of work-related benefits or social security, you need to make sure you have a financial power of attorney that gives someone else authority over those accounts. Self-help in this area usually causes problems, so I would advise you to consult with an expert estate planning or elder law attorney for help.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.


  2. Absolutely, and this is one if the most appropriate situations to do so. Feel free to call or email if you would like to chat more.

    For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.

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